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	<title>Observer &#187; He Will Rock You, Noise Complaints or Not</title>
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		<title>Observer &#187; He Will Rock You, Noise Complaints or Not</title>
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		<title>He Will Rock You, Noise Complaints or Not</title>

		<comments>http://observer.com/2007/03/he-will-rock-you-noise-complaints-or-not/#comments</comments>
		<pubDate>Mon, 19 Mar 2007 00:00:00 -0400</pubDate>
					<link>http://observer.com/2007/03/he-will-rock-you-noise-complaints-or-not/</link>
			<dc:creator>Chris Shott</dc:creator>
				
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		<description><![CDATA[<p><img class="alignleft" src="http://nyoobserver.files.wordpress.com/2011/06/031907_article_counter.jpg?w=201&h=300" />&quot;If I have recourse, I&rsquo;m gonna use it,&rdquo; said Richard (Handsome Dick) Manitoba.</p>
<p>The owner of the eponymously named Manitoba&rsquo;s bar on Avenue B isn&rsquo;t sitting quietly after being so rudely shushed by upstairs neighbors to the tune of $6,400 in fines.</p>
<p>On March 27, Mr. Manitoba and his lawyer are scheduled to appear before the city&rsquo;s Environmental Control Board to challenge two recent noise citations, which forced the former rock singer turned tavern operator to pull the plug on his bar&rsquo;s popular live-music night.</p>
<p>Depending on the outcome of that hearing, the onetime front man of the proto-punk band the Dictators might further thrust the dispute into the mosh pit of Manhattan Civil Court.</p>
<p>&ldquo;Right now, my attitude is: The battle is lost, but the war rages on,&rdquo; said Mr. Manitoba, who recently signed a new 10-year lease at 99 Avenue B.</p>
<p>The 53-year-old entrepreneur, born Richard Blum, has sued over far less serious threats to his rockin&rsquo; livelihood. In 2004, he reportedly smacked another musician with a federal lawsuit for performing under the trademarked name &ldquo;Manitoba,&rdquo; a brand seemingly infringed by every map of Canada.</p>
<p>The noise issue poses a more present danger to the bar. Without the bands, the bar has done rather lousy business, Mr. Manitoba said. &ldquo;If you take my last night of live music&mdash;what I grossed&mdash;I haven&rsquo;t made that much in the past three weeks added up.&rdquo;</p>
<p>Until last month, live music had always been an integral component to Mr. Manitoba&rsquo;s boozy juke joint. When the bar first opened almost a decade ago, the venue scheduled performers virtually every night of the week.</p>
<p>In recent years, however, the bar has dramatically scaled back on the level of live entertainment, on account of changing neighborhood sentiment toward loud music&mdash;er, any noise in general. According to a <i>New York Post</i> report last summer, the densely liquor-licensed East Village and Lower East Side area generates the second-highest number of noise complaints citywide.</p>
<p>&ldquo;Because of the way the neighborhood has changed, it&rsquo;s a very tough thing to get away with live music seven days a week,&rdquo; Mr. Manitoba said.</p>
<p>Portraying himself as a good neighbor, an East Village resident living just a few blocks away from the bar, and even an occasional attendee at local community-board meetings, Mr. Manitoba said he&rsquo;s tried to appease neighborhood sensibilities by limiting live music at Manitoba&rsquo;s to a single night a week, for a period of two to three hours, ending at 10 p.m. sharp.</p>
<p>&ldquo;It was basically the last-gasp effort of keeping some sort of vestige of live music,&rdquo; he said, &ldquo;because you can&rsquo;t go much earlier than that. And then you can&rsquo;t really go much later than that. It&rsquo;s just a different neighborhood.&rdquo;</p>
<p>In recent years, some new neighbors whom Mr. Manitoba has never met moved into the co-op building above the bar. Though other upstairs residents sometimes hang out at Manitoba&rsquo;s&mdash;according to the bar owner, one apartment dweller sometimes even performs&mdash;complaints about the Monday-night jam sessions seemed to coincide with the arrival of the newcomers, he said.</p>
<p>Since 2002, the city&rsquo;s Department of Environmental Protection has received a total of eight noise complaints at Manitoba&rsquo;s address. The past two inspections resulted in citations.</p>
<p>On Oct. 23, 2006, a D.E.P. officer measured the music coming from Manitoba&rsquo;s as reaching 53 decibels in an upstairs apartment&mdash;roughly equivalent to the sound of moderate rainfall, according to the American Speech-Language-Hearing Association, yet still exceeding the city&rsquo;s legal 45-decibel threshold.</p>
<p>More recently, on Feb. 12, the bands&rsquo; volume from above reached 65 decibels, according to the D.E.P.&mdash;a level of sound falling somewhere between a dishwasher and a vacuum cleaner.</p>
<p>Slapped with two &ldquo;very expensive&rdquo; tickets, Mr. Manitoba said he had no choice but to call off live-music nights for the indefinite future.</p>
<p>&ldquo;As a survival method, I just cut the music immediately,&rdquo; he said. &ldquo;If I get a multiple batch of tickets, I basically have to close down my business.&rdquo;</p>
<p>The subsequent downturn in booze revenues has prompted the embattled operator to at least think about seeking damages. Mr. Manitoba told Counter Espionage that he was determined to fight a system in which &ldquo;a neighbor can cripple a legal business with a phone call.&rdquo;</p>
<p>A message posted on the bar&rsquo;s MySpace page last month indicated that the bar was gathering information from bands who had performed at Manitoba&rsquo;s dating back to September 2006 to calculate potential financial losses caused by &ldquo;a neighbor couple that seems to have ignored the fact they purchased their apartment at an extremely low price because they live directly above a Rock N Roll bar that features live music!!&rdquo;</p>
<p>Not to mention the rather noisy neighborhood surrounding the bar.</p>
<p>When D.E.P. officials take noise measurements of potentially offending businesses, they also take separate readings of the ambient sound around it.</p>
<p>At last reading, the background noise above Manitoba&rsquo;s&mdash;minus the live music&mdash;reached 43 decibels, just two shy of the legal-infraction level unto itself.</p>
]]></description>
		<content:encoded><![CDATA[<p><img class="alignleft" src="http://nyoobserver.files.wordpress.com/2011/06/031907_article_counter.jpg?w=201&h=300" />&quot;If I have recourse, I&rsquo;m gonna use it,&rdquo; said Richard (Handsome Dick) Manitoba.</p>
<p>The owner of the eponymously named Manitoba&rsquo;s bar on Avenue B isn&rsquo;t sitting quietly after being so rudely shushed by upstairs neighbors to the tune of $6,400 in fines.</p>
<p>On March 27, Mr. Manitoba and his lawyer are scheduled to appear before the city&rsquo;s Environmental Control Board to challenge two recent noise citations, which forced the former rock singer turned tavern operator to pull the plug on his bar&rsquo;s popular live-music night.</p>
<p>Depending on the outcome of that hearing, the onetime front man of the proto-punk band the Dictators might further thrust the dispute into the mosh pit of Manhattan Civil Court.</p>
<p>&ldquo;Right now, my attitude is: The battle is lost, but the war rages on,&rdquo; said Mr. Manitoba, who recently signed a new 10-year lease at 99 Avenue B.</p>
<p>The 53-year-old entrepreneur, born Richard Blum, has sued over far less serious threats to his rockin&rsquo; livelihood. In 2004, he reportedly smacked another musician with a federal lawsuit for performing under the trademarked name &ldquo;Manitoba,&rdquo; a brand seemingly infringed by every map of Canada.</p>
<p>The noise issue poses a more present danger to the bar. Without the bands, the bar has done rather lousy business, Mr. Manitoba said. &ldquo;If you take my last night of live music&mdash;what I grossed&mdash;I haven&rsquo;t made that much in the past three weeks added up.&rdquo;</p>
<p>Until last month, live music had always been an integral component to Mr. Manitoba&rsquo;s boozy juke joint. When the bar first opened almost a decade ago, the venue scheduled performers virtually every night of the week.</p>
<p>In recent years, however, the bar has dramatically scaled back on the level of live entertainment, on account of changing neighborhood sentiment toward loud music&mdash;er, any noise in general. According to a <i>New York Post</i> report last summer, the densely liquor-licensed East Village and Lower East Side area generates the second-highest number of noise complaints citywide.</p>
<p>&ldquo;Because of the way the neighborhood has changed, it&rsquo;s a very tough thing to get away with live music seven days a week,&rdquo; Mr. Manitoba said.</p>
<p>Portraying himself as a good neighbor, an East Village resident living just a few blocks away from the bar, and even an occasional attendee at local community-board meetings, Mr. Manitoba said he&rsquo;s tried to appease neighborhood sensibilities by limiting live music at Manitoba&rsquo;s to a single night a week, for a period of two to three hours, ending at 10 p.m. sharp.</p>
<p>&ldquo;It was basically the last-gasp effort of keeping some sort of vestige of live music,&rdquo; he said, &ldquo;because you can&rsquo;t go much earlier than that. And then you can&rsquo;t really go much later than that. It&rsquo;s just a different neighborhood.&rdquo;</p>
<p>In recent years, some new neighbors whom Mr. Manitoba has never met moved into the co-op building above the bar. Though other upstairs residents sometimes hang out at Manitoba&rsquo;s&mdash;according to the bar owner, one apartment dweller sometimes even performs&mdash;complaints about the Monday-night jam sessions seemed to coincide with the arrival of the newcomers, he said.</p>
<p>Since 2002, the city&rsquo;s Department of Environmental Protection has received a total of eight noise complaints at Manitoba&rsquo;s address. The past two inspections resulted in citations.</p>
<p>On Oct. 23, 2006, a D.E.P. officer measured the music coming from Manitoba&rsquo;s as reaching 53 decibels in an upstairs apartment&mdash;roughly equivalent to the sound of moderate rainfall, according to the American Speech-Language-Hearing Association, yet still exceeding the city&rsquo;s legal 45-decibel threshold.</p>
<p>More recently, on Feb. 12, the bands&rsquo; volume from above reached 65 decibels, according to the D.E.P.&mdash;a level of sound falling somewhere between a dishwasher and a vacuum cleaner.</p>
<p>Slapped with two &ldquo;very expensive&rdquo; tickets, Mr. Manitoba said he had no choice but to call off live-music nights for the indefinite future.</p>
<p>&ldquo;As a survival method, I just cut the music immediately,&rdquo; he said. &ldquo;If I get a multiple batch of tickets, I basically have to close down my business.&rdquo;</p>
<p>The subsequent downturn in booze revenues has prompted the embattled operator to at least think about seeking damages. Mr. Manitoba told Counter Espionage that he was determined to fight a system in which &ldquo;a neighbor can cripple a legal business with a phone call.&rdquo;</p>
<p>A message posted on the bar&rsquo;s MySpace page last month indicated that the bar was gathering information from bands who had performed at Manitoba&rsquo;s dating back to September 2006 to calculate potential financial losses caused by &ldquo;a neighbor couple that seems to have ignored the fact they purchased their apartment at an extremely low price because they live directly above a Rock N Roll bar that features live music!!&rdquo;</p>
<p>Not to mention the rather noisy neighborhood surrounding the bar.</p>
<p>When D.E.P. officials take noise measurements of potentially offending businesses, they also take separate readings of the ambient sound around it.</p>
<p>At last reading, the background noise above Manitoba&rsquo;s&mdash;minus the live music&mdash;reached 43 decibels, just two shy of the legal-infraction level unto itself.</p>
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